ORIENTAL INSURANCE COMPANY LIMITED Vs. ANTONEYAMMAL

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award dated 23.08.2004 made in MCOP No.234 of 2003 by the Motor Accident Claims Tribunal (Fast Track Court), Kallakurichi.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased Amburose met with motor vehicle accident that took place on 30.04.2002, at about 4.15 hours at Agaram Village, Sankarapuram Taluk. The said deceased along with his family members were travelling in a TVS50 motorcycle bearing registration No.TN32 X9283. At that time, a bus bearing registration No.TN32 N0733 belonging to the 8th respondent, came in the opposite direction in a rash and negligent manner, at high speed and hit against the TVS50. Due to the same, the rider of the TVS50 sustained grievous injury. Immediately he was taken to hospital, where he died on the same day. The other persons travelling along with the deceased were also sustained grievous injuries. The claimants are the parents, wife and children of the deceased. They claimed a sum of Rs.10,00,000/- as compensation, before the Tribunal. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:- "1.Whether the accident had occurred due to the rash and negligent driving of the driver of the bus or due to the rash and negligent driving of the rider of the TVS50 motorcycle? 2.Whether the case is bad on the ground of non-joinder of the owner of the TVS50 motorcycle, which was driven by the deceased Amburose and the Insurance Company as parties to the claim? 3.Whether the claimants are entitled to get compensation? If so, what is the quantum of compensation?"

(3.) LEARNED counsel appearing for the respondents 1 to 7/claimants submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed.